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Clermont, Florida Legal Blog

Potential penalties for assault and battery convictions

Assaults occur when people cause fear of physical harm and batteries occur when people actually physically harm another person. Assault and battery can vary in severity as well.

As assaults and batteries become more severe, the potential consequences become more severe. A simple assault is a second-degree misdemeanor and could result in up to 60 days in jail and a fine up to $500. Aggravated assaults could result in a third-degree felony, five years in jail and up to a $5,000 fine. Simple battery is a first-degree misdemeanor, which could result in up to a year in jail and a $1,000 fine. Felony battery is a third-degree charge and could result in five years in jail and up to a $5,000 fine. If a person is convicted of an aggravated battery, it is a second-degree felony and could result in 15 years in jail and a $10,000 fine.

Issues with facial recognition software

Facial recognition software has become increasingly popular. It can be used to unlock your phone, see who is at the door and help law enforcement identify criminals. But, there are issues with the software.

People have come forward with concerns regarding privacy issues and the likelihood of misidentification.

The consequences for theft are based on amount allegedly taken

Throughout people's lives in Florida they find themselves in different situations based on a number of different factors. Some of these factors are within people's control and other times things change in people's lives through circumstances out of their control. Also, sometimes people try to fix a bad situation and end up creating a bigger problem which may spiral out of control. When people find themselves in these situations they may become somewhat desperate and make poor decisions.

One of these poor decisions is that they may decide to take something that is not their property. If this occurs people may be charged with theft and face serious consequences as a result. The severity of the potential consequences depends on the amount people are accused of taking.

Mother and son arrested on drug charges after winning lottery

The chances of winning the lottery in Florida are not very high. In order to win it people need to be lucky. However, as a mother and son found out, being lucky enough to win the lottery does not necessarily mean that people will be lucky in all parts of their lives.

According to recent reports, the mother and son had come back home after redeeming a lottery ticket for $20,000 when police arrived. They allegedly found the mother and son outside of the residence smoking. The police say that the mother was holding three bags of what appeared to be drugs. The substances were tested and allegedly tested positive for heroin and fentanyl. Another woman was also inside of the home and all three people were arrested. The third person was also arrested for a probation violation.

A second DUI conviction can have serious consequences

There are many dangers associated with drinking and driving, as our readers are aware. However, from time to time people may underestimate their intoxication levels or think they only have a short distance to drive. Even the most responsible people make mistakes. So, while the penalties for a first time DUI are significant, they are not as bad as if people do not learn from their mistakes and get a second DUI.

Not surprisingly, the potential penalties for a second DUI are worse since the first penalties did not change the behavior. These penalties include a fine between $1,000 and $2,000, as well as not more than nine months in jail. In addition to these criminal penalties, people will also need to install ignition interlock in any car that they own, lease or regularly drive for a period of one year. Ignition interlock is a system which requires the driver to blow into a machine to test their BAC before the car will start. The driver will be responsible for all costs associated with the ignition interlock.

Strict laws for underage drinking in Florida

In a 2017 survey by the US Department of Health and Human Services, 27% of Florida teens between 14 and 18 years old admitted to drinking at least once in the past month. In that same month, 13% admitted to at least one instance of having more than four or five drinks in one sitting.

While these numbers are similar to the United States as a whole, strict laws in Florida can mean stricter consequences for your teenager.

The different types of assault and battery charges

There are many different reasons that people get into arguments and there are many different ways that people resolve these disputes as well. They can resolve them civilly by talking through the issues, but sometimes people resort to other forms of dispute resolutions such as yelling at each other and in some instances they may even become physical. One or both people may physically harm the other.

When people decide to resolve disputes in this manner, one or both could be charged with assault and/or battery. Assaults are threats of physical violence and battery is actual physical harm. There are different types of both as well. Simple assault or battery are for lower level offenses and are misdemeanors. However, people can be charged with aggravated assault and battery when there are subsequent offenses or serious harm done with intent. These are felony level offenses and carry more significant penalties.

Boating accident: Are you liable?

Even more boats are on the water during the summer season—especially during the Fourth of July holiday. The increase in the number of boats on the water causes an increase in the number of watercraft accidents.

Examples of watercraft accidents include property damage and personal injury. If there has been drug or alcohol use by either of the drivers, one or both will be held responsible. Additionally, if one driver was being reckless or otherwise putting people in danger, they are liable.

Drugs categories for drug charges

There are many different drugs that people in Florida use each day. Many of these drugs are prescribed and, therefore, are perfectly legal for people to use. However, there are many other types of drugs that are always illegal. People arrested for possessing or distributing these illegal drugs can face serious drug charges. However, the severity of the consequences depends on a number of different factors.

One of these factors is the type of drug the person possesses. Drugs are categorized into five different schedules with Schedule I being the most serious. Drugs categorized as Schedule I have a high likelihood of abuse and no medical use. Schedule II includes drugs that also have a high likelihood for abuse but do have some highly restricted medical uses. Schedule III is drugs with a lesser likelihood for abuse that also have some medically accepted uses. Schedule IV drugs have a low likelihood of abuse compared to the other schedules and have some medically accepted uses. Schedule V drugs have the lowest likelihood for abuse than all other schedules and have some medically accepted uses.

A BUI conviction can lead to serious penalties

Getting out on the water with a drink in hand may sound like an ideal way to spend a weekend. However, both Florida and federal laws prohibit boating under the influence. What happens after your day of fun out on the water ends in your arrest?

A BUI conviction can lead to serious consequences that you may be unprepared for. If a law enforcement officer finds your blood alcohol content (BAC) level to be over the legal limit of .08%, you could face substantial penalties affecting your freedom, finances and your ability to operate a boat.

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Clermont, FL 34711

Phone: 352-394-2041
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